For Advanced Mobile Iv And Amiv, what is the Provider's obligation regarding the use of equipment?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
y terminate this Agreement.
We develop minimum requirements for products, inventory, supplies, and advertising, among other things. These requirements are outlined in the Operations Manual. You will purchase all initial inventory items and additional items specified from time to time in the Operations Manual.
12 – ADVANCED MOBILE IV FRANCHISE AGREEMENT
You shall purchase all products, services, supplies and materials required for the operation of the Franchise from manufacturers, suppliers or distributors designated by us. You must purchase nurse kits, simulator equipment, and inventory items such as needles, water and saline bags, and various IVs and related products, and items that bear the Marks from us, our affiliates, or suppliers we direct and approve from time to time. Proprietary items and supplies may be private labeled by us or our affiliates. We or our affiliates retain the right to make a reasonable profit on any items, supplies and materials you buy from us or our affiliates. You must use us, our affiliate, or a designated vendor for website and social media advertising, scheduling system, and payment processor.
We or our affiliates may obtain money, goods, services, or other benefits from persons and entities with whom you do business, on account of that business with you. These may include rebates, refunds, commissions, cooperative payments, or discounts. We will accumulate them, annually account to the Advanced Mobile IV franchise system for them and either add them to the Marketing Fund, use them for programs that benefit all franchisees such as conventions and administration of purchasing programs, use them to provide supplemental training and promotional services to Advanced Mobile IV franchisees, or return them at reasonable times to all Advanced Mobile IV franchisees pro rata, based upon the volume of related business.
Beginning in the fourth month following the Effective Date of this Agreement, and for every month thereafter during the Term, you must order and purchase at least $500 in product from us, our affiliate, or designated supplier for the operation of the Franchise. You must always have enough supplies on hand to meet customer demand. When purchase equipment, inventory, and supply items from us or our affiliates, payment must be made when you place your order.
Any products and goods sold, licensed, or leased by or through us to you will be sold, licensed, or leased in accordance with the terms expressly set forth in the Operations Manual or as otherwise provided for in writing by us or the manufacturer of the products and goods. **EXCEPT AS EXCLUSIVELY SET FORTH IN WRITING AND SIGNED BY US, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND GOODS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT RESTRICTED TO, THE IMPLIED WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY IN CONNECTION WITH ANY PRODUCTS OR GOODS EXCEED THE DOLLAR AMOUNT OF THE PURCHASE PRICE OR LICENSE FEE PAID BY YOU FOR THE PRODUCTS OR GOODS.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, franchisees must acquire computer hardware and software that is fully compatible with the standards set by Advanced Mobile Iv And Amiv. The franchisee is responsible for these costs and must comply with any software license agreements required by Advanced Mobile Iv And Amiv or their designee.
Advanced Mobile Iv And Amiv develops minimum requirements for products, inventory, supplies, and advertising, which are detailed in the Operations Manual. Franchisees are required to purchase all initial and additional inventory items as specified in the Operations Manual. Franchisees must buy nurse kits, simulator equipment, and inventory items like needles, water and saline bags, various IVs, and related products from Advanced Mobile Iv And Amiv, its affiliates, or approved suppliers.
Advanced Mobile Iv And Amiv retains the right to allow certain franchisees to deviate from standard system procedures to test new products, equipment, designs, and procedures. However, this does not excuse franchisees from performing their duties under the Franchise Agreement, and Advanced Mobile Iv And Amiv can require full compliance with the Operations Manual and Licensed Methods at any time. Franchisees are not entitled to similar variations and cannot demand Advanced Mobile Iv And Amiv to disclose or grant them such variations.
Any improvements, modifications, or additions made to Licensed Methods or Marks, including those suggested by the franchisee, will benefit Advanced Mobile Iv And Amiv and become their exclusive property. Franchisees assign all intellectual property rights to Advanced Mobile Iv And Amiv for any improvements created while operating the franchise. Advanced Mobile Iv And Amiv may use these improvements without compensating the franchisee, and franchisees cannot modify the Licensed Methods or Marks without prior written consent.